City of Hondo Home Rule Charter

Transcription

1 City of Hondo Home Rule Charter November 8, 2010

2 City of Hondo Charter Articles Table of Contents Preamble... vi Article I. Form of Government and Boundaries... 1 Section 1.01 Form of Government... 1 Section 1.02 Boundaries... 1 Article II. Powers of the City... 1 Section 2.01 Local Self-Government... 1 Section 2.02 Public Improvements... 1 Section 2.03 Intergovernmental Relations... 2 Section 2.04 General Enumeration of Powers... 2 Article III. City Council... 3 Section 3.01 Composition... 3 Section 3.02 Qualifications of City Council... 4 Section 3.03 Compensation... 4 Section 3.04 Mayor and Mayor Pro Tem... 4 Section 3.05 Vacancies, Forfeiture and Filling of Vacancies... 5 Section 3.06 Powers of the City Council... 6 Section 3.07 Prohibitions... 7 Section 3.08 Meeting of the City Council... 8 Section 3.09 Quorum... 8 Section 3.10 Conflict of Interest... 8 Section 3.11 Abstentions... 8 Section 3.12 Rules of Procedure... 8 Section 3.13 Passage of Ordinances in General... 9 Section 3.14 Emergency Ordinances... 9 Section 3.15 Authentication, Recording, Codification Printing and Distribution Section 3.16 Investigations by the City Council Section 3.17 Bond Article IV. City Administration Passed November 2, 2010 ii Canvassed/Adopted: November 8, 2010

3 Section 4.01 City Manager Section 4.02 City Secretary Section 4.03 Municipal Court Section 4.04 City Attorney Section 4.05 Administrative Departments Section 4.06 Personnel System Section 4.07 Freedom From Interference Article V. Nominations and Elections Section 5.01 City Elections Section 5.02 Filing for Office Section 5.03 Official Ballots Section 5.04 Official Results Section 5.05 Taking of Office Section 5.06 Oath of Office Article VI. Initiative, Referendum and Recall Section 6.01 Power of Initiative Section 6.02 Power of Referendum Section 6.03 Form of Petition for Initiative and Referendum Section 6.04 Filing, Examination and Certification of Petitions Section 6.05 Council Consideration and Submission to Voters Section 6.06 Ballot Form and Results of Election Section 6.07 Power of Recall Section 6.08 Recall Election Section 6.09 Recall Ballot Section 6.10 Results of a Recall Election Section 6.11 Limitations on Recall Section 6.12 Failure of the City to Call an Election-Initiative or Referendum Article VII. Financial Procedures Section 7.01 Fiscal Year Section 7.02 Submission of Budget and Budget Measure Section 7.03 Budget Message Section 7.04 Budget a Public Record Section 7.05 Public Hearing on Budget Section 7.06 Proceeding on Adoption of Budget Passed November 2, 2010 iii Canvassed/Adopted: November 8, 2010

4 Section 7.07 Budget, Appropriation and Amount to be Raised by Taxation Section 7.08 Amending the Budget Section 7.09 Certification; Copies Made Available Section 7.10 Capital Program Section 7.11 Defect Shall Not Invalidate the Tax Levy Section 7.12 Lapse of Appropriations Section 7.13 Bonds and Other Evidences of Indebtedness Section 7.14 Emergency Funding Section 7.15 Purchasing Section 7.16 Administration of Budget Section 7.17 Depository Section 7.18 Independent Audits Section 7.19 Tax Administration Section 7.20 Tax Liens, Liabilities and Suits Article VIII. Boards and Commissions Section 8.01 Authority, Composition and Procedures Article IX. Planning and Zoning Commission Section 9.01 Organization Section 9.02 Duties and Powers Section 9.03 Procedures Section 9.04 The Comprehensive Master Plan: Procedure and Legal Affect Article X. Utility and Public Service Franchises and Licenses Section Authority Section Ordinance Granting Franchise Section Transfer of Franchise Section Franchise Value Not to be Allowed Section Right of Regulation Section Regulation of Rates Section Licenses Article XI. General Provisions Section Severability Section Wording Interpretation Passed November 2, 2010 iv Canvassed/Adopted: November 8, 2010

5 Section Amendment of Charter Section Charter Review Commission Section Submission of Charter to Electors Article XII. Legal Provisions Section Annexation-Extensions of Boundaries Section Disannexation Section Assignment, Execution and Garnishment Section Security and Bond Section Notice of Claim Section Power to Settle Tax Claim Section Service of Process Against the City Section Judicial Notice Section Pending Matters Section Property Not Exempt from Special Assessments Section City Council May Require Bonds Section Disaster Clause Section Construction of Charter Section Resolution of Alcohol Article XIII. Transitional Provisions Section Effective Date Section Continuation of Elective/Appointive Offices Section Continuation of Operation Section Officers and Employees Article XIV. Code of Ethics and Nepotism Section Code of Ethics Section Nepotism Passed November 2, 2010 v Canvassed/Adopted: November 8, 2010

6 PREAMBLE We, the citizens of the City of Hondo, Texas, in order to establish a Home Rule municipal government, provide for the future growth and progress of our City, obtain more fully the benefits of local self-government and provide for the public welfare do adopt this Home Rule Charter, in accordance with the laws and statutes of the State of Texas; and we do declare the residents of the City of Hondo, in Medina County, Texas living within the legally established boundaries of said City, to be a political subdivision of the State of Texas, incorporated in perpetuity under the name and style of City of Hondo with such powers, rights, privileges, authorities, duties and immunities as are provided in this Charter. Passed November 2, 2010 vi Canvassed/Adopted: November 8, 2010

7 ARTICLE I FORM OF GOVERNMENT AND BOUNDARIES SECTION 1.01 Form of Government The municipal government provided for by this Charter shall be known as the Council- Manager form of government. Pursuant to its provisions, and subject only to the limitations imposed by the Constitution, laws and statutes of the State of Texas and by this Charter, all powers of the City of Hondo (referred to as the City) shall be vested in an elected City Council (referred to as the City Council) which shall enact local legislation, adopt budgets, determine policies and appoint a City Manager, who in turn, will be held responsible to the City Council for the execution of the laws and the administration of the government of the City. All powers of the City shall be exercised in the manner prescribed by this Charter, or if the manner not be prescribed, then in such manner as may be prescribed by the United States Constitution, Texas Constitution, laws or statutes of the State of Texas, and ordinances adopted by the City of Hondo. SECTION 1.02 Boundaries The boundaries of the City of Hondo shall be the same as have heretofore been established and as they existed on the day of ratification of this Charter. An official map shall be maintained and posted in City Hall so that it is accessible by the citizens. The map shall be updated at least annually. SECTION 2.01 Local Self-Government ARTICLE II POWERS OF THE CITY The City shall have perpetual succession as a body politic and corporate; may use a seal; may sue and, in cases where its sovereign immunity has been waived, may be sued; may enter into contracts for any public purpose; may acquire and hold, in fee simple or any lesser estate or in trust, by gift, deed, bequest, right of eminent domain, purchase, lease, exchange, or otherwise, and may alienate any character of property, real or personal, within and without the City limits. The City may exercise all powers of local self-government not inconsistent with the Constitution or the laws of this State or by special limitations in this Charter, and has all powers and authority possible for a city to have under the Constitution and laws of this State, as fully and completely as though all such powers and authority were specifically enumerated in this Charter. SECTION 2.02 Public Improvements The City shall have the power to, among others, construct and maintain, or require the construction and maintenance, within or without its corporate limits, streets, flood control and sanitary facilities, water and storm drainage facilities in, over, under or upon all public property or easements granted for that purpose and to levy assessments for the costs of such improvements. Passed November 2, Canvassed/Adopted: November 8, 2010

8 The City shall have the power to collect attorney's fees for the collection of paving assessments in foreclosure cases as allowed under state law. It shall have the power to cause liens to be established for the purpose of securing the payment of such levies and shall have the power to compel the use of such improvements by the citizens of the City. SECTION 2.03 Intergovernmental Relations The City may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with any one or more states or any state civil division or agency, or the United States or any of its agencies, and any other county or any other political subdivisions in the State of Texas. SECTION 2.04 General Enumeration of Powers It being intended by this Charter to grant and bestow upon the City and its inhabitants full power of local government to accomplish any public purpose, and by all powers of municipal government, not inconsistent with this Charter or the Constitution or general laws of the State of Texas, giving and granting to the City and its inhabitants all powers that are or may be later granted to municipalities of any class by the Constitution or laws of the State of Texas and all such powers, whether expressed or implied shall include, but not limited to the following: (1) to enact and to enforce all ordinances and take other action as necessary to protect life, health, property and the public welfare, and to accomplish any public purpose; (2) to prevent and summarily abate and remove nuisances; (3) to preserve and promote good government, order, security, amusement, recreation, trade and economic development, peace, prosperity and the general welfare of said City and its inhabitants; (4) to exercise any and all municipal powers necessary to the complete and efficient management and control of municipal property and the affairs of said City; (5) to exercise all powers that may be conducive to the public welfare, happiness, prosperity and to accomplish any public purpose of the City and its inhabitants and to enact and enforce any and all ordinances upon any subject, provided that no such ordinance shall be enacted inconsistent with the provisions of this Charter or the Constitution or laws of the State of Texas; and (6) to provide further that the specification of particular powers shall never be construed as a limitation upon the general powers granted by this Charter. In addition to the express or implied powers enumerated in this Charter, the City may have and may exercise in the manner provided by this Charter all other powers necessary or useful to accomplish any public purpose, that are not inconsistent with the Constitution and laws of the State of Texas, and that it would have been competent for this Charter to specifically enumerate. Passed November 2, Canvassed/Adopted: November 8, 2010

9 ARTICLE III CITY COUNCIL SECTION 3.01 Composition (1) The City Council shall be composed of a Mayor and five (5) Council Members elected under the Place System, with there being Places 1, 2, 3, 4, and 5. The Mayor and each Council Member shall be elected at large, and unless sooner removed under the provisions of this Charter, shall serve for a term of three (3) years and until their successor has been elected and duly qualified. All of the City Council Members holding office at the time of passage of this Charter shall continue to hold their respective office until their respective term of office for which they were elected expires. The Mayor and City Council members may not be elected for more than two (2) consecutive terms and must sit out for two years prior to being eligible to run for the same elected office, i.e. Mayor or City Council Member. That is, a Council Member completing two consecutive terms is eligible to run for Mayor, and a Mayor completing two consecutive terms is eligible to run for City Council without a sitting out period. The previous terms of the City Council Members holding office as of June 2007, shall not count toward the term limitation of this Charter. (2) In May of 2011 the term of Place 5 shall be for period of two (2) years. In May of 2013 and every election thereafter, the Term of Place 5 shall be for a period of three (3) years. In May of 2012 the term of the Mayor shall be for a period of one (1) year. In May of 2013 and every election thereafter the term of the Mayor shall be for a term of three (3) years. All other terms for Places 1, 2, 3, and 4 shall continue without alteration. The two (2) year term in May of 2011 for Place 5 and the one (1) year term for the Mayor in 2012 shall not be counted towards the term limits required in Section 3.01(1) above. (3) At such time as the City attains twelve thousand (12,000) inhabitants as determined by the U.S. Census, the number of Council Members shall increase to seven (7). Place number 6 shall be elected in the first May after the population of the City attains twelve thousand (12,000) inhabitants as determined to occurred pursuant to this Charter and Place seven (7) shall be elected the first May after the election for Place six (6). Such places shall be elected every three (3) years. The two additional Council Members shall be elected in accordance with the laws of the State of Texas. (4) When determining the number of votes necessary to take action under this Charter, the Mayor shall not be considered towards determining a majority unless specifically stated herein. The total number of City Council places in existence, without regard to any vacancies, shall be used for determining a majority. Passed November 2, Canvassed/Adopted: November 8, 2010

10 SECTION 3.02 Qualifications of City Council In addition to any other qualifications prescribed by the Texas Election Code, the Mayor and each Council Member shall meet the qualifications set forth in Article V of this Charter while in office. SECTION 3.03 Compensation Compensation of the City Council shall be $ per month and the compensation for the Mayor shall be $ per month. Any subsequent increases shall be determined and approved by a vote of the citizens at a regular election to amend this Charter. No increase in such compensation shall take effect until the beginning of the terms of Mayor and/or Council Members elected at the next general election. The City Council and Mayor shall also be entitled to reimbursement for actual expenses incurred in the performance of official duties with the approval of the City Council at a public meeting. SECTION 3.04 Mayor and Mayor Pro Tem (1) The Mayor occupies the highest elective office in the City and shall preside at meetings of the City Council. The Mayor shall be recognized as head of the City government for all ceremonial purposes, and by the Governor for purposes of military law, but shall have no regular administrative duties. The Mayor may participate in the discussion of all matters coming before the City Council. The Mayor shall not be entitled to vote as a member of the Council, on legislative or other matters, except in case of a tie, when the Mayor shall cast the deciding vote. (3) Before an Ordinance or Resolution adopted by the City Council may take effect, the Ordinance or Resolution must be signed by the Mayor. On any Ordinance or Resolution adopted by the Council to which the Mayor does not execute within one week after Council approval, the Ordinance or Resolution shall take effect. If the Mayor files objections with the City Secretary within one week after Council approved the Ordinance or Resolution, the action by the Mayor shall be deemed a veto of the original Council action. Mayor s objections must be filed within one week of the original Council action, and must state the Mayor s reason for this filing. The City Secretary will forward copies to each Council Member along with notice that the original item will be added to the next Council agenda for reconsideration by the Council. At the meeting at which the ordinance or resolution is reconsidered an affirmative vote of the majority of the Council Members present shall overturn the Mayor s veto and constitute immediate enactment of the ordinance or resolution and no further veto authority shall exist with respect to said ordinance or resolution. (4) The Mayor Pro Tem shall be a Council Member elected by the City Council at the first regular meeting after each election of Council Members and/or Mayor. The Mayor Pro Tem shall act as Mayor during the disability or absence of the Mayor, and in this capacity shall have all the rights conferred upon the Mayor and shall still be entitled to Passed November 2, Canvassed/Adopted: November 8, 2010

11 vote as a Council Member. SECTION 3.05 Vacancies, Forfeiture and Filling of Vacancies (1) The office of a Council Member or the Mayor shall become vacant upon his/her death, resignation, forfeiture of, or removal from office by any manner authorized by law. (2) If any member of the City Council is absent from three (3) consecutive regular meetings without explanation acceptable to a majority of the remaining Council Members, his/her office shall be declared vacant at the next regular meeting of the City Council by resolution. (3) A Council Member or the Mayor shall forfeit his/her office if he/she: (1) lacks at any time during the term of office any qualification for the office prescribed by this charter or by law, (2) violates any Express Prohibition of this charter, or (3) is convicted of a felony or of a misdemeanor involving moral turpitude or is convicted of violating any state laws or City ordinance regulating conflicts of interest of municipal officers. Every forfeiture shall be declared and enforced by the City Council as provided for herein. a. The following are determined to be an Express Prohibition of this Charter for the purposes of this section: i. holding any other City office or City employment during his/her term as Mayor or Council Member; ii. dictating the appointment or removal of the City administrative officers or employees whom the City Manager or any of the City Manager s subordinates are empowered to appoint; iii. giving orders to City officers and employees, who are subject to the direction and supervision of the City Manager; and iv. taking any action, including but not limited to executing any contract, which binds the City or requires the expenditure of City funds unless specifically authorized to do so by a majority vote of the City Council. (4) If a Council Member or the Mayor forfeits his/her office, or the office is declared vacant as required under the Charter, and the Council Member or Mayor does not immediately resign, the City Council and Mayor may conduct a hearing to determine if the office holder has forfeited and should vacate his/her office. Upon the conclusion of the hearing the City Council may, by an affirmative vote of two-thirds (2/3) of the majority of City Council and the Mayor, declare the office of said office holder to be forfeited and vacant. Disposition of the matter under this Charter is final and is res judicata. Further relief may be sought in a court of law. The office holder subject to the forfeiture shall not have a vote. The mayor shall vote unless his/her office is the office subject to the forfeiture. (5) A vacancy in the City Council where the term is less than one-year, other than that of the Mayor, shall be filled by selection of a person qualified for the position, as described in this Charter, within thirty (30) days of the occurrence of the vacancy by a three quarters (3/4) majority vote of the remaining Council Members. This appointee shall serve until the next municipal election at which time a new Passed November 2, Canvassed/Adopted: November 8, 2010

12 Council Member shall be elected in accordance with the Texas Constitution and the Texas Election Code. If the vacancy in the City Council were to occur and a year or more is left on the term of the vacated place on the Council, that position must be filled by election in accordance with state law. (6) All vacancies filled by appointment or election shall be for the remainder of the unexpired term of the office so filled. Specifically, any person elected to a vacancy that occurs in the first or second year of a three-year term shall serve out the remainder of that term. SECTION 3.06 Powers of the City Council All powers of the City and the determination of all matters of policy shall be vested in the City Council. Except where in conflict with and otherwise expressly provided by this Charter, the City Council shall have all powers authorized to be exercised by the Constitution and laws of the United States and the State of Texas and the acts amendatory thereof and supplementary thereto, now or hereafter enacted. Without limitation of the foregoing and among the other powers that may be exercised by the City Council, the following are hereby enumerated for greater certainty: (1) Appoint and remove the City Manager; (2) Appoint the Municipal Judge(s) of the Municipal Court; (3) Appoint and remove the City Attorney; (4) Establish administrative departments; (5) Adopt the budget of the City; (6) Inquire into the conduct of any office, department or agency of the City and make investigations as to municipal affairs; (7) Provide for and appoint a Planning and Zoning Commission and other boards and commissions as deemed necessary, and appoint the members of all such boards and commissions. Such boards and commissions shall have all powers and duties now or hereafter conferred and created by this Charter, by City ordinance or by state law; (8) Adopt and modify the official map of the City and the official zoning map; (9) Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the re-planning, improvement and redevelopment of specific areas of the City; (10) Adopt, modify and carry out plans in cooperation with the Planning and Zoning Commission for the re-planning, reconstruction or redevelopment of any area or district which may have been destroyed, in whole or part, by disaster; Passed November 2, Canvassed/Adopted: November 8, 2010

13 (11) Regulate, license and fix the charges or fares, or tariffs made by any person owning, operating or controlling any vehicle of any character used for the carrying of passengers for hire on the public streets and alleys of the City; (12) Provide for the establishment and designation of fire limits and prescribe the kind and character of buildings or structures or improvements to be erected therein; provide for the erection of fireproof buildings within certain limits; and provide for the condemnation of dangerous or dilapidated structures or buildings, and such buildings or structures calculated to increase the fire hazard, and the manner of their removal or destruction; (13) Fix and regulate rates and charges of all utilities and public services and operate municipal utilities; (14) Adopt development Master Plans and subdivision plats; and (15) Provide for the development and maintenance of a Comprehensive Plan and Capital Improvement Plan. SECTION 3.07 Prohibitions (1) Except where authorized by law or by this Charter, no Mayor or Council Member shall hold any other City office or City employment during his/her term as Mayor or Council Member. No former Mayor or Council Member shall hold any compensated appointive office or City employment until two (2) years after the expiration of the term for which they were elected or appointed to the City Council. (2) Members of the City Council shall not in any way dictate the appointment or removal of the City administrative officers or employees whom the City Manager or any of the City Manager s subordinates are empowered to appoint. The City Council, at a meeting called for that purpose, may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees. (3) Except for the purpose of inquiries and investigations as provided by this Charter, the City Council shall deal with City officers and employees, who are subject to the direction and supervision of the City Manager, solely through the City Manager. The City Council shall not give orders to any such officer or employee, either publicly or privately, except as otherwise provided in this Charter. (4) The Mayor and Council Members are prohibited from taking any action, including but not limited to executing any contract, which binds the City or requires the expenditure of City funds unless specifically authorized to do so by a majority vote of the City Council. Passed November 2, Canvassed/Adopted: November 8, 2010

14 SECTION 3.08 Meeting of the City Council (1) The City Council may hold at least one (1) regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. (2) Special meetings of the City Council shall be held at the call of the City Manager, Mayor or a majority of the City Council Members upon provision of public notice in accordance with Texas Open Meetings Act. (3) Except as provided by state law, all City Council meetings shall be open to the public and shall be held and notice given in accordance with the Texas Open Meetings Act. SECTION 3.09 Quorum Three (3) Council Members shall constitute a quorum for the purpose of transacting business. Upon the election of an individual to City Council Place six (6) four (4) Council Members shall constitute a quorum for the purpose of transacting business. No action of the City Council, except as specifically provided in this Charter, shall be valid or binding unless adopted by the affirmative vote of a majority of the City Council places occupied at the time of the vote. The presence of the Mayor at any Council meeting shall not count toward a quorum. SECTION 3.10 Conflict of Interest Should any member of the City Council have a conflict of interest, pursuant to any state laws and/or City ordinances regulating conflicts of interest of municipal officers, with an agenda item then before the City Council, he/she shall openly declare same before discussion proceeds, and he/she is thereby prohibited from discussing the item or voting on the question and is not considered as present and voting for the purposes of the tally. SECTION 3.11 Abstentions Should any member of the City Council choose to abstain from voting on any question before the City Council, where no conflict of interest exists, the person s vote shall be recorded as an abstention vote in the official minutes of the meeting and the council member is considered as present and voting for the purposes of the tally. SECTION 3.12 Rules of Procedure (1) The City Council and all Commissions and Boards shall conduct business in accordance with Robert s Rules of Order. The City Council shall provide that the citizens of the City shall have a reasonable opportunity to clearly hear and be heard at all regular meetings and public hearings with regard to specific matters under consideration. The City Council shall provide for minutes to be taken and recorded for all public Passed November 2, Canvassed/Adopted: November 8, 2010

15 meetings as required by law. Such minutes shall be a public record and shall be kept and maintained by the City Secretary. City Council shall adopt Rules of Procedure consistent with this Charter. (2) The Mayor or Council members by motion may place items on the agenda prior to the agenda being posted. SECTION 3.13 Passage of Ordinances in General (1) The City Council shall legislate by ordinance, resolution, or order, and the enacting clause of every ordinance shall be "Be it ordained by the City Council of the City of Hondo, Texas..." Each proposed ordinance shall be introduced in the written or printed form required for adoption. No ordinance shall contain more than one (1) subject which shall be clearly expressed in its title. General appropriation ordinances may contain various subjects and accounts for which monies are to be appropriated. After adoption, an ordinance shall not be amended or repealed except by the adoption of another ordinance amending or repealing the original ordinance. Copies of each proposed ordinance, in the form required for adoption, shall be furnished to the City Council. Copies of the proposed ordinance, in the form required for adoption, shall be available at the City offices and shall be furnished to citizens upon request to the City Secretary from and after the date on which such proposed ordinance is posted as an agenda item for a City Council meeting and, if amended, shall be available and furnished in amended form for as long as the proposed ordinance is before the City Council. (2) A proposed ordinance which has been amended in substance after its placement on the agenda for a City Council meeting may not be voted on at such meeting. Such amended ordinance shall be placed on the agenda of a subsequent meeting of the City Council in accordance with the provisions of this Section. All persons interested in such ordinance shall have a reasonable opportunity to be heard. (3) Every ordinance shall become effective upon adoption or at any later time(s) specified in the ordinance, except that every ordinance imposing any penalty, fine or forfeiture shall become effective only after having been published in its entirety, summary form or brief description after adoption, in a newspaper designated as the official newspaper of the City. (4) If a majority of the City Council present requests that the ordinance title and caption be read or that the ordinance in its entirety be read, it must be read. SECTION 3.14 Emergency Ordinances Ordinances adopted by the City Council to address an urgent public necessity at a emergency meeting authorized pursuant to the Texas Government Code Section , as it may be amended from time to time, shall become effective upon adoption and shall be published as soon as practicable. Every emergency ordinance so adopted, except one authorizing the borrowing of money is automatically repealed as of the sixty-first (61 st ) day following the day on which it became effective. The ordinance may be re-enacted if the emergency still exists. Passed November 2, Canvassed/Adopted: November 8, 2010

16 SECTION 3.15 Authentication, Recording, Codification Printing and Distribution (1) All ordinances and resolutions adopted by the City Council shall be authenticated by seal and signature of the person performing the duties of the City Secretary and numbered consecutively as adopted. They shall be properly indexed and placed in a book kept open for public inspection. In addition, all City ordinances shall be posted on the City s official website. (2) The City Council shall plan and budget for the codification of ordinances of the City. This codification shall be known and cited as the "Hondo Code of Ordinances" and shall be in full force and effect without the necessity of such code or any part thereof being published in any newspaper. The caption, descriptive clause and other formal parts of the ordinances of the City may be omitted without affecting the validity of such ordinances when codified. Every general ordinance, enacted subsequent to such codification, shall be enacted as an amendment to the code. For the purpose of this section, general ordinances shall be deemed to be those ordinances of a permanent or continuing nature which affect the residents of the City at large. Copies of the code shall be furnished to City Officers, placed in the City offices and made available for purchase by the public at a reasonable price to be fixed by the City Council. The initial codification shall be completed within two years of the adoption of this Charter. (3) The City Council shall cause all ordinances and amendments to this Charter to be printed promptly following their adoption. A copy of each ordinance and amendment shall be placed in appropriate City offices for public reference. Printed ordinances and Charter amendments shall be sold to the public at a reasonable price in accordance with the Texas Public Information Act. SECTION 3.16 Investigations by the City Council The City Council shall have the power to inquire into the official conduct of any appointed official department head or agency of the City. For that purpose, the City Council shall have the power to administer oaths, subpoena witnesses and compel the production of books, papers or other evidence material to the inquiry. The City Council shall provide, by ordinance procedures on the conduct of investigations, penalties for contempt for failing or refusing to obey any such subpoena or to produce any such books, papers or other evidence and shall have the power to punish any such contempt in the manner provided by the ordinance and/or the laws of the State of Texas. SECTION 3.17 Bond The City Council shall require bonds of all municipal officers and employees who receive monies for or pay out any monies of the City. The amount of the bonds shall be determined by state law or the City Council, the bonds shall be payable to the City of Hondo and conditioned upon the faithful discharge of the duties of such persons and upon the faithful accounting of all monies, credits, and things of value coming into the hands of such persons, and such bonds shall be signed as surety by a corporate surety bond company authorized to do business under the laws of the State of Texas. The premium on such bonds shall be paid Passed November 2, Canvassed/Adopted: November 8, 2010

17 by the City, and such bonds must be acceptable to the Council. The Council may also require new bonds at any time, if in its opinion; the existing bond on any employee is insufficient. ARTICLE IV CITY ADMINISTRATION SECTION 4.01 City Manager (1) Appointment. The City Council shall appoint and approve a written agreement for the City Manager by the affirmative vote of a majority of the full membership of the City Council. The City Manager shall serve as Chief Administrative Officer of the City. The City Manager shall be responsible to the City Council for administration of all the affairs of the City, with only those exceptions that are named in this Charter. The City Manager shall be appointed solely upon the City Manager s executive, administrative and educational qualifications and shall have previous city manager or administrator or assistant city manager experience and/or a degree in a field related to city government. The City Manager need not be a resident of the City when appointed, but shall, within a reasonable time (no more than one year), after such appointment, reside within the City during the balance of the tenure of his/her appointment. (2) Exemption. No Mayor or member of the City Council shall, during the term to which he/she is elected and for two (2) years thereafter, be appointed City Manager. (3) Compensation. The City Council shall fix the compensation of the City Manager, and the City Manager s compensation may be amended from time to time, in accordance with the City Manager s experience, qualifications and performance. (4) Suspension or Removal. The City Manager shall be appointed by the affirmative vote of three (3) City Council Members, and may be removed at the discretion of the City Council by the affirmative vote of four (4) City Council Members. Upon the election of an individual to City Council Place 6, the City Manager shall be appointed by the affirmative vote of four (4) City Council Members, and may be removed by the affirmative vote of five (5) City Council Members. Upon decision to remove the City Manager, notice, in writing, of such decision shall be immediately furnished to him/her and the City Council may then suspend him/her from duty. (A) (B) (C) If, within five (5) working days after being notified of his/her termination and removal, the City Manager files a written request to the City Council requesting that his/her termination be reconsidered, the City Council shall, as soon as practical, meet with the City Manager in accordance with the Texas Open Meetings Act to review its decision to terminate. Following such review, after affording the City Manager an opportunity to respond to such initial decision to terminate, a new vote requiring threefourths majority of the City Council shall be taken with regard to the termination of the City Manager. The City Manager shall, from the date of suspension, continue to receive his/her salary pending the final decision of the City Council provided Passed November 2, Canvassed/Adopted: November 8, 2010

18 however, that if the Manager is suspended or terminated because of a final conviction for a misdemeanor involving moral turpitude or personal gain, or indicted for any felony, then, in that event, the City shall have no obligation to pay the salary designated in this Section. (D) This procedure for a review meeting with the City Manager shall not alter the fact that the City Manager serves at the pleasure of the City Council, and the City Manager shall not have, nor should this procedure be construed to grant to the City Manager, any right to continued employment. (5) Acting City Manager. (A) (B) In case of a disability or suspension of the City Manager, the City Council may designate a qualified administrative officer of the City to perform the duties of the office or appoint an acting City Manager. By letter filed with the City Secretary and copies provided to the Mayor and City Council, the City Manager shall designate, subject to the approval of the City Council, a qualified administrative officer to exercise the powers and perform the duties of the City Manager during vacation or any temporary voluntary leave of the City Manager. The Council may revoke such designation at any time and appoint another officer of the City to serve until the return of the City Manager. (6) Duties and Responsibilities. The City Manager shall: (A) (B) (C) (D) (E) (F) (G) Appoint, suspend and remove all City employees and appointive administrative officers provided for in this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant thereto; Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by law of this Charter; See that all state laws and City ordinances are effectively enforced; Attend or designate a City employee to attend City Council, Commission, and Board meetings, with the right to take part in discussion, but shall not vote; Prepare and accept, or designate an appropriate department head or City employee to prepare and accept, items for inclusion in the official agenda of all City Council meetings and meetings of all boards and commissions; Prepare and recommend to the City Council the annual budget and capital improvement budgets and administer budgets as adopted by the City Council; Keep the City Council advised, at least quarterly, as to the financial conditions of the City and make recommendations concerning the affairs of the City; Passed November 2, Canvassed/Adopted: November 8, 2010

19 (H) (I) (J) (K) Make reports as the City Council may require concerning the operations of the City departments, offices, or agencies subject to the City Manager s direction or supervision; Designate an appropriate department head or City employee to keep a written inventory of all real property and all permanent equipment belonging to the City, said inventory to be subject to annual audit. A system shall be established to control the use and replacement of expendable items; Execute all contracts as authorized by resolution or ordinances adopted by the City Council except as otherwise provided in this Charter; and Perform such other duties as are specified in this Charter or may be required by the City Council, which are consistent with this Charter and state and federal laws. SECTION 4.02 City Secretary (1) The City Manager shall appoint or remove without cause, the City Secretary. (2) The City Manager shall annually evaluate the performance of the City Secretary. (3) The City Secretary shall: (A) (B) (C) (D) (E) (F) (G) (H) (I) Give notice of all official public meetings of the City Council, Commissions, and Boards in a manner consistent with this Charter and state laws; Attend or designate a City employee to attend public meetings and hearings of the City Council; Keep the minutes of the proceedings of all public official meetings and hearings of the City Council in a manner prescribed by the City Council consistent with applicable law; Act as a custodian of all official records of the City Council; Hold and maintain the seal of the City and affix this seal to all appropriate documents; Authenticate, by signature and seal, and record all ordinances, resolutions and proclamations of the City; Act as agent for the purposes of serving civil process; Assist the City Manager with the maintenance and public information request of all records; Perform such other duties, as may be required by the City Council or City Manager, which are consistent with this Charter and state and federal law; and Passed November 2, Canvassed/Adopted: November 8, 2010

20 (J) Schedule and oversee all City elections in accordance with the Texas Election Code and any other applicable law. SECTION 4.03 Municipal Court (1) The City Council shall establish and cause to be maintained a Municipal Court. The Court shall have all the powers and duties as are now, or as may be, prescribed by the laws of the State of Texas. (2) The City Council shall appoint, by the affirmative vote of a majority of the membership of the City Council, such Municipal Judges of the Municipal Court, as may be necessary, all of whom shall be competent, duly qualified attorneys licensed and practicing for at least five (5) years in the State of Texas. In the event a duly qualified attorney is not available, the City Council shall then select a qualified person to be the Municipal Judge. The Municipal Judge(s) of the Municipal Court(s) shall be appointed to a term of two (2) years and may be appointed to additional consecutive terms upon completion of his/her term(s) of office. The Municipal Judge(s) shall receive compensation as may be determined by the City Council. (3) In the event of failure of any Municipal Judge to perform his/her duties, the Mayor shall appoint a Municipal Judge for a term not to exceed three continuous months. In the event of a vacancy, a Municipal Judge shall be appointed by the City Council in accordance with paragraph 2 of this Section. If the Mayor appoints a Municipal Judge, the Judge shall be compensated at the same salary, if any, as the Municipal Judge for whom the Judge is acting. (4) Municipal Judge shall have the power to punish for contempt to the same extent and under the same circumstance as the Justice of the Peace may punish for contempt of criminal cases. (5) The Clerk and Deputy Clerks of the Municipal Court(s) shall have the power to administer oaths, certify affidavits, make certificates, affix the seal of the Court and perform all usual and necessary acts in conducting the business of the Court(s), including but not limited to, the keeping of records and accounts of the Municipal Court(s). (6) All special expenses and fines imposed by the Municipal Court(s) shall be paid into the City Treasury for the use and benefit of the City, as may be consistent with present and future laws. SECTION 4.04 City Attorney (1) The City Council shall appoint, by the affirmative vote of a majority of the City Council, a competent, duly qualified, licensed and practicing attorney in the State of Texas for at least five (5) years who shall serve as the City Attorney. The City Council may provide for such services by contract with a duly qualified law firm. The City Attorney designated to provide services must be a member of and be in good standing with the State Bar of Texas. (2) The City Attorney shall: Passed November 2, Canvassed/Adopted: November 8, 2010

21 (A) (B) (C) (D) Serve as the legal advisor to the City Council and City Manager; Represent the City in litigation and legal proceedings as directed by the City Council and the City Manager; and Provide opinions as requested by the City Council or City Manager. Review all contracts as to legality and form prior to their execution. (3) The City Council shall have the right to retain special counsel at any time that it may deem necessary and appropriate. Once retained, Special Counsel shall report to the City Manager, the City Attorney, or to the City Council at a properly called City Council meeting. (4) The City Attorney and Special Counsel shall receive compensation as may be determined by the City. (5) The City Attorney, with approval of the City Council, may select additional attorneys to act for him/her and the City in its representation and/or litigation. (6) The City Attorney may be removed, without cause, by the affirmative vote of a majority of the City Council. SECTION 4.05 Administrative Departments, Offices, and Agencies (1) The City Council may, after hearing recommendations of the City Manager, establish, abolish, re-designate and/or combine departments, offices or agencies, in addition to those provided for by this Charter, and may prescribe the functions and duties of such departments, offices and agencies. (2) Except as provided elsewhere in this Charter, all departments, offices and agencies of the City shall be under the direction and supervision of the City Manager and shall be administered by officers appointed by and subject to the direction and supervision of the City Manager. The City Manager may, with the consent of the City Council, serve as the head of one (1) or more City departments, offices or agencies or appoint one (1) person as head of two (2) or more of them. (3) The City Manager may appoint a City Tax Collector, whose duties and functions shall be those usual to the office and consistent with the laws of the State of Texas, as they may apply to City or County Tax Collectors. The City Manager may recommend that the City Council enter into an outside contract for such services. SECTION 4.06 Personnel System Personnel rules shall be prepared by the City Manager and presented to the City Council who may adopt them by ordinance or resolution, with or without amendment. The adopted rules shall establish the City as an Equal Opportunity Employer and shall govern the equitable administration of the personnel system of the City. Passed November 2, Canvassed/Adopted: November 8, 2010

22 The City shall comply with all applicable State and Federal labor laws. SECTION 4.07 Freedom From Interference It shall be unlawful for the City Council or any of its members to dictate to the City Manager the appointment of any person to office or employment or interfere in any manner with the City Manager in the performance of the duties of that office as stated in Section 3.07 of this Charter. SECTION 5.01 City Elections ARTICLE V NOMINATIONS AND ELECTIONS (1) All City elections shall be conducted in accordance with the Texas Election Code and other applicable law. (2) The general City election shall be held annually during the month of May or such date as required by the Texas Election Code. The City Council shall be responsible for specification of places for holding such elections. (3) The City Council may, by resolution, order a special election for purposes consistent with this Charter and laws of the State of Texas. The City Council will fix the time and places for such a special election and provide all means for holding same. (4) Municipal elections shall be conducted by election officials appointed by the City Council or contracted with the County Elections Office, as prescribed by law. Sample ballots, identical in format to those used in the specific election, shall be posted in the voting place(s) for the purpose of voter orientation. (5) All municipal elections shall be publicized in accordance with the Texas Election Code. (6) A sample ballot shall be published twice in the official newspaper of the City prior to the date of the election. SECTION 5.02 Filing for Office (1) Candidates for elective City offices shall file for office in accordance with the Texas Election Code. (2) Candidates for elective City offices shall meet the following qualifications: (A) (B) Shall be at least twenty-one (21) years of age at the time of the election for which they are filing; Shall be a qualified voter; Passed November 2, Canvassed/Adopted: November 8, 2010

23 (C) (D) (E) (F) (G) (H) (I) Shall have resided within the corporate limits of the City, or recently annexed territory, for at least twelve (12) months prior to the filing date and shall have their primary residence within the City limits of the City of Hondo. Each Council Member and Mayor must continually reside within the City during his term of office, and any removal of his residence from the City during his term of office shall constitute a forfeiture of his office; No candidate may file in a single election for more than one (1) elective office or position; No employee of the City shall continue in such position after filing for an elective City office; In the event any incumbent office holder, of any elected city office, becomes a candidate for election to any office other than the one they are presently holding, and the incumbent office holder has less than one year remaining in office, such candidate shall tender a resignation from the currently held city office if the incumbent is elected to the other office. Such resignation shall take effect without any further act of acceptance by the Council. Failure to offer the resignation, the incumbent shall automatically forfeit his position upon being elected and the Council may proceed in filling the vacancy in accordance with the Charter; In the event any incumbent office holder, of any elected city office, becomes a candidate for election to any office other than the one they are presently holding, and the incumbent office holder has more than one year remaining in office, such candidate shall forfeit his/her position effective as of the date of becoming a candidate for the other elected office. Such resignation shall take effect without any further act of acceptance by the Council and the Council may proceed in filling the vacancy by calling an election in accordance with state law; A candidate or incumbent to a city office must demonstrate fiscal responsibility and judgment in the management of their debts and therefore must not be in debt to the City, including but not limited to fees, fines and taxes levied by the City; and Shall comply with all other City ordinances and/or resolutions that may be applicable. SECTION 5.03 Official Ballots (1) The name of each candidate seeking elective office, except those who have withdrawn, died or become ineligible, shall be printed on the official ballot in the form designated by the candidate in accordance with the Texas Election Code. If two (2) or more candidates have the same surname, their residence addresses shall be printed with their names on the ballot. Passed November 2, Canvassed/Adopted: November 8, 2010